Updating this ILB entry from Feb. 4, 2010, here is the NYT report on
the decision. Here is the WSJ's... Posted on Monday, February 8, 2010 at 3:43 pm

See this Feb. 5, 2010 entry from the Sentencing Law and Policy
Blog.... Posted on Monday, February 8, 2010 at 3:43 pm

The Legislative Update blog, publishing weekly during the legislative
session by the Indiana Judicial Center, has posted this Mid-Session
Review.... Posted on Monday, February 8, 2010 at 3:43 pm

Original Article 02/07/2010 By AARON SANBORN A hearing on a proposed
law that would ban sex offender residency restrictions like those the
city of Dover once had is slated for Wednesday in the state House of
Representatives. Meanwhile, a bill proposing the opposite - to create
statewide residency restrictions - also is coming before lawmakers
Wednesday. House Bill 1484 would prohibit any political subdivision of
the state from adopting an ordinance or bylaw that restricts the
residence of a sex offender or Posted on Tuesday, February 9, 2010 at 8:50 am

Video Link "The best way to get a bad law repealed is to enforce it
strictly." - Abraham Lincoln Posted on Tuesday, February 9, 2010 at 8:50 am

Video Link "The best way to get a bad law repealed is to enforce it
strictly." - Abraham Lincoln Posted on Tuesday, February 9, 2010 at 8:50 am

Is it too soon to start talking about who might become the next
Supreme Court justice? Granted, a vacancy doesn't exist right now, so
any discussion will, by its nature, trade in hypotheticals. Still,
behind the scenes, writes the WSJ's Jess Bravin, Democrats gearing up
for a possible vacancy are debating a fundamental issue: whether
President Barack Obama should appoint a prominent liberal voice while
their party still commands a large Senate majority, or go with someone
less likely to stoke Republican Posted on Monday, February 8, 2010 at 2:05 pm

Nary a week seems to pass these days when we're not reminded of just
how serious the Justice Department's taking allegations of foreign
corruption. Close off the heels of news of the "Catch 22″ sting, in
which nearly two dozen munitions and firearms executives were arrested
on foreign corruption charges comes another significant development
for the feds chasing alleged Foreign Corrupt Practices Act violations:
Britain's BAE Systems late last week reached settlements totaling
almost $500 million with the DOJ Posted on Monday, February 8, 2010 at 2:05 pm

The lede from an article out Sunday in the SF Chronicle reads as
follows: The biggest open secret in the landmark trial over same-sex
marriage being heard in San Francisco is that the federal judge who
will decide the case, Chief U.S. District Judge Vaughn Walker, is
himself gay. Interesting. So, what to make of this fact? According to
the article, folks aren't making much of it. Andy Pugno, general
counsel for the group that sponsored the Prop. 8 campaign, rebuffed
claims that his group might bring it up Posted on Monday, February 8, 2010 at 2:05 pm

Here is IP Think Tank's weekly selection of top intellectual property
news breaking in the blogosphere and internet. Please join the
discussion by adding your comments on any of these stories, and please
do let us know if you think we've missed something important, or if
there is a source you think should be monitored. You can separately
subscribe to the IP Think Tank Global Week in Review at the Subscribe
page: http://duncanbucknell.com/subscribe/ Highlights this week
included: EPO suspends decision on Posted on Tuesday, February 9, 2010 at 9:21 am

In case you missed it, the 2010 inductees have been announced. Here's
the release from IAM Magazine: Five prominent figures from the global
intellectual property community have been selected for induction into
the IP Hall of Fame for 2010. This follows a selection process that
involved IP professionals from around the world and culminated in a
final vote by members of the IP Hall of Fame Academy. The individuals
to be inducted are: • Thomas Blanco-White: An eminent barrister and
former head of the largest Posted on Tuesday, February 9, 2010 at 9:21 am

Here is IP Think Tank's weekly selection of top Online intellectual
property news breaking in the blogosphere and internet. Please join
the discussion by adding your comments on any of these stories, and
please do let us know if you think we've missed something important,
or if there is a source you think should be monitored. You can
separately subscribe to the IP Think Tank Global Week in Review at the
Subscribe page: http://duncanbucknell.com/subscribe/ Highlights this
week included: Federal Court finds Posted on Saturday, February 6, 2010 at 11:48 pm

Image via Wikipedia Mr. Schoemaker and Mr. Dennis Yu have been making
up stories about each other. Mr. Schoemaker accuses Mr. Yu of being a
confidence criminal. "A couple days ago I posted my personal story
with Dennis Yu. The post I wrote was the longest post ever written on
ShoeMoney.com. Over 4,000 words. This guy is a very dangerous person
and I wanted to tell the entire story in as much detail as possible
even if some of it was really embarrassing to me. You CAN'T give con
men any room to go anywhere Posted on Tuesday, December 22, 2009 at 11:17 pm

Image via Wikipedia From the FTC Press Release on Commerce Planet's
deceptive negative option plan. An online marketer of purportedly
"free" Internet auction kits, which automatically charged unwitting
consumers $59.95 a month for enrollment in an "online supplier"
program for Internet auctions, has agreed to settle Federal Trade
Commission charges that its actions violated federal law. The separate
proposed court settlements with the company and two of its former
executives bar them from similar deceptive Posted on Tuesday, December 22, 2009 at 11:17 pm

Image by thinkpanama via Flickr From the SEC press release on the Cook
and Kiley ponzi scheme. The SEC alleges that from at least July 2006
through at least July 2009, Cook and Kiley, through the Defendant
Companies, raised at least $190 million from at least 1,000 investors
through the sale of unregistered investments in a purported foreign
currency trading venture by misrepresenting that they would deposit
each investor's funds into a separate account in the investor's name
to trade in foreign currencies Posted on Tuesday, December 22, 2009 at 11:17 pm

These poll numbers were released earlier today by Rasmussen Reports
-- "an electronic publishing firm specializing in the collection,
publication, and distribution of public opinion polling information."
Game Day: 62% Plan To Watch Super Bowl XLIV Sunday, February 7, 2010
Sixty-two percent (62%) of Americans plan to watch the Indianapolis
Colts and the New Orleans Saints slug it out today in Super Bowl XLIV.
Thirty percent (30%) say they won't be watching the game in Miami,
according to a new Rasmussen Posted on Monday, February 8, 2010 at 5:49 pm

When Paul Arnold purchased a home from Gale Wilkins, the contract of
sale provided that the sewage disposal system was in good working
order. And an inspection, conducted prior to the closing, revealed no
problems. Several months later, after a sewage back-up occurred,
Arnold hired an engineer who was of the opinion the existing septic
system was inadequate. After the Essex County Supreme Court dismissed
Arnold's breach of contract and fraud claims, he appealed to the
Appellate Division, Third Department. Posted on Monday, February 8, 2010 at 5:49 pm

President Declares Major Disaster For The State Of New Jersey » More
Information on New Jersey Snowstorm WASHINGTON , D.C. -- The head of
the U.S. Department of Homeland Security's Federal Emergency
Management Agency (FEMA) Craig Fugate today announced that federal
disaster aid has been made available for the State of New Jersey to
supplement State and local recovery efforts in the area struck by a
snowstorm during the period of December 19-20, 2009. Federal funding
is available to State and eligible local Posted on Monday, February 8, 2010 at 5:49 pm

2-7-2010 National:'Some can be easily treated, some can't... and
you've got the whole group in between,' says Fred Berlin, a professor
of psychiatry at Johns Hopkins UniversityChris Hansen spoke to Dr.
Fred Berlin, a professor of psychiatry at Johns Hopkins School of
Medicine. Berlin has over 25 years of experience working with sexual
offenders.Hansen asks Dr. Berlin, whether or not pedophilia Posted on Tuesday, February 9, 2010 at 9:16 am

2-7-2010 Virginia:ARLINGTON, Va. - There are new questions after a man
died during a struggle with police at a busy Metro stop. Officers used
a Taser on the man after he wouldn't cooperate at Pentagon City.
Arlington police are investigating their first-ever police-involved
death involving a Taser.The man, identified as 36-year-old William
Bumbrey, a District resident, was struck with a Taser Posted on Tuesday, February 9, 2010 at 9:16 am

2-7-2010 Georgia:Imagine the worst.Imagine your 12-year-old daughter
has been kidnapped and, when she's finally found, she's been forced
into a child prostitution ring. Imagine that she's kept in a
drug-induced haze and raped repeatedly. Imagine the horror, grief and
shock that would overwhelm you and your family as you dealt with that
situation, and the work you'd be eager to do to heal your Posted on Tuesday, February 9, 2010 at 9:16 am

Last week, a federal civil rights lawsuit was filed in Richmond,
Virginia by five Christian evangelists some of whom were charged with
creating loud and disturbing noise for preaching at downtown First
Friday events and at a Christmas parade. Others were charged with
trespassing for preaching at the Watermelon Festival held in a
shopping area. The complaint (full text) in Craft v. City of Richmond,
(ED VA, filed 1/29/2010), charges that in the case of individual and
small group speech, the provisions Posted on Monday, February 8, 2010 at 3:24 pm

Britain's Judicial Complaints Office this week began an investigation
into Cherie Blair, wife of former Prime Minister Tony Blair. Ms.
Blair, who practices employment law under her maiden name, Cherie
Booth, also acts as a part-time judge in London. According to UAE's
The National today, Britain's National Secular Society filed a formal
complaint against Ms. Blair after she gave a suspended sentence to a
Muslim man who was charged with getting into an altercation over who
was first in line at a bank. Blair Posted on Monday, February 8, 2010 at 3:24 pm

Virtue Online today carries a report from the Feb. 1 Christian Post on
the struggle between two Anglican factions in Harare, Zimbabwe.
Controversy began in 2007 when Nolbert Kunonga, a supporter of
President Robert Mugabe's regime, accused the Anglican Province of
Central Africa of being pro-gay. Kunonga said he was withdrawing the
Diocese of Harare from the Province. He set up his own rival Anglican
province, appointed himself archbishop and claimed church property. A
High Court ordered the two factions to Posted on Monday, February 8, 2010 at 3:24 pm

The February 2010 issue of California Lawyer has this article on
Kwikset Corp. v. Superior Court (Benson), which is now pending before
the California Supreme Court. The article is by Mark P. Pifko of
Arnold & Porter in Los Angeles. Posted on Friday, February 5, 2010 at 10:25 pm

In Acre v. Kasier Foundation Health Plan, Inc., ___ Cal.App.4th ___
(Jan. 27, 2010), the trial court sustained a demurrer to a UCL action
without leave to amend based on: (a) the economic abstention doctrine;
and (b) the conclusion that the complaint failed to allege a
sufficient community of interest for class certification purposes.
Slip op. at 5-6. The Court of Appeal (Second Appellate District,
Division Seven) determined that the economic abstention doctrine did
not apply (id. at 25-33) and also that Posted on Wednesday, February 3, 2010 at 7:39 am

In Brown, Winfield & Cazonieri, Inc. v. Superior Court (Great Am.
Ins. Co.), ___ Cal.4th ___ (Feb. 1, 2010), the Supreme Court
elaborated on what appellate practitioners refer to as Palma notices.
This is the introduction to the majority opinion by Chief Justice
George: In Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d
171 (Palma), we outlined the rare circumstances in which an appellate
court may grant accelerated writ relief in the form of a peremptory
writ in the first instance, in lieu of Posted on Wednesday, February 3, 2010 at 7:39 am

Posted on Sunday, February 7, 2010 at 10:26 pm

Posted on Sunday, February 7, 2010 at 10:26 pm

Posted on Sunday, February 7, 2010 at 10:26 pm

This just in from the Attorney Finance Blog* of a company that lends
money to trial lawyers, that also "moonlights" in settlement planning
industry for attorneys: "No principle payment until the underlying
case is resolved. The firm is not required to make any principle
payments until a case is resolved. Traditional banks require periodic
repayment of principle balances." November 18, 2009 "With most legal
finance providers, No principle payments are required on the money
until final disposition of the Posted on Monday, February 8, 2010 at 1:35 pm

Well it's clear that the principals of Structured Annuities, Inc,
became aware of this blog because the media celebrating their 2007
"bird killing event" has been removed from their website, an event we
reported on in Structured Settlement Kill Zone: Lessons From The Great
Dove Hunt of 2007 on January 9, 2010. The company has notably updated
its copyright from 2003 to 2010, with all rights reserved, yet still
posts circa 1999 material Structured Annuities, Inc. has attributed to
Hartford Life. The Posted on Monday, February 8, 2010 at 1:35 pm

Still feel comfortable putting your settlement money in the stock
market? Today's headlines from CNBC Dow Down 4% after brutal sell off
Dow Jones Industrial Average has dropped 6.7% from its 52 weeks
closing high on January 19, 2010 S&P 500 has dropped 7.6% from its
52 week closing high on January 19, 2010 Nasdaq biggest one day drop
since October 1, 2009 Silver Futures down 5%, lowest since June 2009
Gold Biggest Drop since December 2008 Oil Futures Down 5% A few
memorable lines from Tim Rice and Posted on Saturday, February 6, 2010 at 3:38 am

"A serial litigant is believed to have earned thousands of pounds by
bombarding employers with claims of ageism simply because they used
the words 'school leaver' or 'recent graduate' in job advertisements."
Full story The Times, 7th February 2010 Source: www.timesonline.co.uk Posted on Tuesday, February 9, 2010 at 4:36 am

"Sikhs should be allowed to wear their ceremonial daggers - known as
Kirpans - to school and other public places, Britain's first Asian
judge has said." Full story BBC News, 8th February 2010 Source:
www.bbc.co.uk Posted on Tuesday, February 9, 2010 at 4:36 am

"The Department for Transport (DfT) is facing an 'intensive
investigation' over claims e-mails about the expansion of Heathrow
Airport were deleted." Full story BBC News, 7th February 2010 Source:
www.bbc.co.uk Posted on Tuesday, February 9, 2010 at 4:36 am

from Breitbart: The Netherlands has asked the UN climate change panel
to explain an inaccurate claim in a landmark 2007 report that more
than half the country was below sea level, the Dutch government said
Friday. According to the Dutch authorities, only 26 percent of the
country is below sea level, and the Intergovernmental Panel on Climate
Change (IPCC) will be asked to account for its figures, environment
ministry spokesman Trimo Vallaart told AFP. The incident could cause
further embarrassment for the Posted on Monday, February 8, 2010 at 5:44 pm

from PRNewswire: This patent is based upon the innovative research led
by Dr. Kazuhiro Sakurada, former Head of Global Drug Discovery
Regenerative Medicine Bayer Schering Pharma AG. Under an agreement in
2008, the Sakurada patent estate related to iPSC technology was
assigned to iZumi Bio, now iPierian. The newly granted UK patent
covers the generation of human iPS cells from human postnatal cells
through any combination of forced expression of genes that includes
the Oct3/4, Sox2 and Klf4 genes, so long as Posted on Monday, February 8, 2010 at 5:44 pm

Ben Bova of Naples, Florida says that Avatar is NOT a plagiarized
version of his own "The Winds of Altair," first published in 1973.
After going through a detailed analysis of the similarities, Bova
disposed of the plagiarism issue with few words: James Cameron has not
plagiarized my work. Plagiarism is when someone steals the words
you've written and uses them as his own. Ideas are a different matter.
Ideas can't be copyrighted or patented. Ideas are free. One might
ponder "business method patents." Bova Posted on Monday, February 8, 2010 at 5:44 pm

With all the discussion of the filibuster, including some evidence of
hypocrisy on the part of a certain allegedly anti-pork Senator from
Arizona, it occurs to me that the Democrats in Congress might consider
something to put the Republicans to the test: Propose an amendment
making the filibuster a constitutional rule. If the R's won't go for
it, reserving the right to eliminate it when control of the Senate
changes, then the D's should get rid of it now. If the states roundly
reject such an amendment, then Posted on Monday, February 8, 2010 at 11:25 am

The National Law Journal reports on the several class actions that
have been brought against Toyota in the wake of the gas pedal problems
and recalls. The lawsuits are consumer class actions that seek damages
for economic losses stemming from reduced value of cars subject to
this problem. It looks like the lawsuits are being filed state by
state with the expectation that they will then be consolidated as an
MDL. The lead plaintiffs in the lawsuits appear to be persons whose
cars actually experienced the gas Posted on Monday, February 8, 2010 at 11:25 am

Jack Balkin (among several other commentators) argues that we are in
the midst of an emerging constitutional crisis, over the rules and
norms of the Senate and the uses to which they are being put.* The
routine filibuster--in which the GOP speaks, acts, and is perceived as
controlling the Senate by having 41 out of 100 seats--was the start.
The latest is Sen. Richard Shelby (AL) placing holds on 80
executive-branch nominations unless several Alabama-earmarked projects
are restored in the budget. Another is Posted on Monday, February 8, 2010 at 11:25 am

Journalist Steve Weinberg writes a review of David Dow's Autobiography
of an Execution for today's Christian Science Monitor, "A death
penalty attorney writes with candor about the painful burdens of his
job." Dow is not the first anti-death penalty advocate to criticize
the criminal justice system in print, and he probably will not be the
last. But his book is especially worthy, whatever a reader's opinion
about the morality of the death penalty. Dow's candor seems so
absolute that readers on both sides of Posted on Monday, February 8, 2010 at 5:25 pm

"State could save by ending death penalty," is the title of Jeanette
Krebs' column in the Harrisburg Patriot-News. Krebs is the paper's
editorial page editor. As Gov. Ed Rendell unveils what is expected to
be a tough budget this week, here is a money-saving idea: Abolish the
death penalty. If Pennsylvania did, it would not be alone. More states
are looking at a ban, many as they face tough economic realities. New
Mexico's Gov. Bill Richardson, who was a long-time death penalty
supporter, signed legislation Posted on Monday, February 8, 2010 at 5:25 pm

The ruling is here. The Arkansas News Bureau has, "Court Upholds
Lethal Injection Protocol." A federal appeals court has upheld
Arkansas' lethal injection procedure, finding it is designed "to avoid
the needless infliction of pain, not to cause it." The 8th U.S.
Circuit Court of Appeals at St. Louis upheld the dismissal of a
lawsuit filed by three death-row inmates, including two who are
scheduled to die over the next nine weeks. Terrick Nooner, Don
Williams and Jack Jones Jr. challenged the Posted on Monday, February 8, 2010 at 5:25 pm

As might be expected, the number of lawsuits over Toyota vehicles has
grown sharply. According to a Bloomberg news report, several different
groups of plaintiffs have filed at least 29 suits in California, Texas
and South Carolina. It is likely that, as the suits advance and others
are filed, the U. S. suits will be combined before one court to
oversee the pre-trial discovery process. As of this point, there are
also at least 10 lawsuits brought by individuals claiming deaths or
injuries caused by the Posted on Monday, February 8, 2010 at 3:28 pm

It seems as though laws banning handheld devices and texting while
driving are not producing expected results, according to a latest
study released. Findings from the Highway Loss Data Institute show
that crash/accident rates did not go down before and after distracted
driving laws were enacted in California, New York, Connecticut and
Washington, D.C. In fact, the study also found no change in patterns
compared with nearby states without such bans. The Associated Press
reports that the new study raises just Posted on Saturday, February 6, 2010 at 5:28 am

The Kansas electric company Westar Energy Inc. recently announced that
it has settled a federal lawsuit over air quality regulations in the
Clean Air Act. According to Reuters, the company has agreed to spend
$500 million dollars to help reduce air pollution from their Kansas
coal-fired electric generating plant at the company's Jeffrey Energy
Center near St. Marys, Kansas. The money will be spent to install
pollution control equipment at its Jeffrey Energy Center, which is
aimed at reducing sulfur dioxide Posted on Saturday, February 6, 2010 at 5:28 am

Live by anonymity, die by anonymity. Yes, I have been unmasked. It
happened quite the way this blog happened - I got an anonymous email,
from the guy who probably collected the bounty, telling me I better
tell everyone who I am (and he clearly knew), or else he would take
care of it for me. The clear threat in the email is that he would do
it in a way I wouldn't be happy about. I don't know what that means,
but as I have been growing weary of anonymity anyway, here I am. So
now that it's happened, let me Posted on Saturday, February 23, 2008 at 1:00 pm

A Lufkin, Texas jury found for Blackboard in the Desire2Learn patent
trial, finding the claims valid, infringed, and awarding $3.1 million
in damages, according to Desire2Learn's blog and other newswires. News
reports say that Blackboard sought $17 million. Ex parte and inter
partes reexaminations have been ordered by the Patent Office (13
months ago), but there have been no office actions in those reexams,
despite the Patent Office's commitment to resolve reexaminations with
"special dispatch." An Posted on Friday, February 22, 2008 at 4:20 pm

Ted Frank is a resident fellow at the American Enterprise Institute
for Public Policy Research and Director of the AEI Legal Center for
the Public Interest, and a blogger-contributor to Overlawyered
("Chronicling the high cost of our legal system"). Frank authored an
interesting paper, published yesterday, titled "There Is a Role for
Congress in Patent Reform." In it he concludes: Barfield and Calfee's
Biotechnology and the Patent System is correct about the importance of
the patent system to American Posted on Friday, February 22, 2008 at 12:30 pm

U.S. District Judge Saundra Brown Armstrong has ruled that new
hearings must be held in the 30-year-old capital case against Marvin
Pete Walker, Jr., a Santa Clara County resident. Walker, who was
convicted of killing a 15-year-old in a botched armed robbery attempt,
appealed on the basis of ineffective counsel. Judge Armstrong agreed
that he had at least raised doubts sufficient enough to warrant new
inquiries, according to Mercury News. State prosecutors insist Walker
got a fair trial, but Judge Posted on Monday, February 8, 2010 at 3:00 pm

The Bar Associate of San Francisco, and over 70 other organizations,
is protesting President Obama's nomination of a Sacramento-area
attorney to the board of Legal Services Corp., an agency responsible
for overseeing federal legal aid programs that subsidize lawyers for
the poor. The protesting bodies say that nominee Sharon Browne has
spent much of her 25-year career working to undermine the very legal
aid programs she could now be overseeing, if the Senate confirms her
nomination. From SFGate's story: Posted on Saturday, February 6, 2010 at 5:03 am

In response to widespread criticism of Carly Fiorina's bizarre new
Senate ad, the campaign has seemed to take a "Duh, that's why we made
it" approach to dealing with the now-viral video that features robotic
sheep and a trippy Darth Vader-esque voice over. According to
spokeswoman Julie Soderlund, who spoke with the LA Times blog
PoiltiCal via email: "... the Democrats are all out there attacking
the video which is both predictable and fine by us since the more
people talk about it, the more people watch Posted on Saturday, February 6, 2010 at 5:03 am

Over at the Faculty Lounge, Jacqueline Lipton asks whether audio books
are worth the candle. Meanwhile, Bainbridge links to a really boring,
but usefully concise, audio report on the SEC's proxy rules. It all is
a reminder that one way to manage a bit of knowledge acquisition in
the midst of all the rest of the multitasking is through one's iPod. I
can attest that there's nothing quite like a little 3 AM Niall
Ferguson or Jean Bethke Elshtain while walking a very small child up
and down a corridor. But as I Posted on Monday, February 8, 2010 at 11:48 am

On Friday, I attended and moderated a panel for an extremely
interesting Symposium at Brooklyn in honor of our former dean (and
Eastern District Court Judge) David G. Trager. The Symposium was
entitled, "Sharing the Blame: The Law and Morality of Punishing
Collective Entities." We heard from panels of psychologists and moral
philosophers in the morning. In the afternoon, I moderated a lively
roundtable discussion (with Jim Fanto, Len Orland and Peter Henning)
regarding some of the problems that arise in Posted on Monday, February 8, 2010 at 11:48 am

New Mexico is looking to hire a visitor to teach in our transactional
clinic in the Fall. The ad is below. My colleague, Nathalie Martin
(martin@law.unm.edu) would be happy to answer questions. The
University of New Mexico School of Law ("UNM") seeks a Visiting
Professor of Law to teach in its nationally-recognized clinical law
program during the fall of 2010. The candidate hired will teach and
supervise students in UNM's Business and Tax Clinic, who represent
clients involved with small businesses and Posted on Monday, February 8, 2010 at 11:48 am

In Edelman v Poster ; 2010 NY Slip Op 00788 ; Decided on February 4,
2010 ; Appellate Division, First Department we see a situation in
which a matrimonial retainer agreement boldly stated a right to
arbitrate, yet the Appellate Division, First Department, determined
that client has no right to arbitrate. Here is the retainer language:
"While I seek to avoid any disputes concerning the payment of our fee,
in the event such a dispute does arise, you have the right, at your
election, to seek arbitration, the Posted on Monday, February 8, 2010 at 11:44 am

There are a few situations in legal malpractice where an expert is not
needed for plaintiff. An expert is needed, in general, when the
subject matter is unknown or too complicated for lay jurors to
understand or determine, and they require explanation by a person who
is professionally or educationally acquainted with the specialized
field. Whether an act by the target attorney was a departure from the
good and applicable standards of attorney practice is almost always
the province of an attorney-expert. The Posted on Saturday, February 6, 2010 at 1:42 am

In this Case Egnotovich v. Katten Muchin Zavis & Roseman LLP,
604101/06 , Decided January 23, 2008 ,Justice Bernard J. Fried NEW
YORK COUNTY ,Supreme Court Plaintiffs joined a vacation club in which
they each deposited $ 400,000, and the group was to purchase or lease
apartments or houses in prime vacatiion spots. These spots included
Paris, Mexico, Teluride, and other hot spots. More than $1.6 million
was collected, and the Katten law firm drafted escrow agreements in
which it was to hold 80% of the Posted on Saturday, February 6, 2010 at 1:42 am

The Kat's wish everyone a very happy start the week and hope, if you
are in London, are enjoying the snow! The gloves are out for Aussie
Olympic flag - The iconic Boxing Kangaroo flag (left) attracted
controversy at the Winter Olympic Games Village in Vancouver over the
weekend. The IOC believed that the flag, being flown by the Australian
team in the Olympic Village, violated the IOC's rules on unauthorized
commercial symbols being displayed at the Games. The flag is a
registered trade mark of the Posted on Monday, February 8, 2010 at 10:30 am

International patent filings under the Patent Cooperation Treaty
(PCT) fell by 4.5% in 2009 with sharper than average declines
experienced by some industrialized countries and growth in a number of
East Asian countries, the WIPO announced today. Provisional data
indicates that 155,900 international patent applications were filed in
2009 as compared to the nearly 164,000 applications filed in 2008. The
drop-off in Germany and the USA was about 11%, while PCT filings from
China increased by nearly 30%. China Posted on Monday, February 8, 2010 at 10:30 am

As Joff Wild noted earlier today, and the EPO have just confirmed, the
EPO's Administrative Council has failed yet again to select a
successor to Alison Brimelow for EPO President. At the latest meeting,
none of the three remaining candidates received the required 75% of
the votes to make it. The AC will apparently now try yet again when
they meet in March. The IPKat thinks that this is making the
Administrative Council look increasingly ridiculous. After three
attempts, surely some bright spark could come Posted on Saturday, February 6, 2010 at 12:26 am

I recently sent the following letter to the editor of the Economist
magazine: Dear Sir, In your most recent Lexington column you
reiterated the Economist's long standing preference for a carbon tax
rather than a cap-and-trade system for dealing with global warming.
Your preference has always puzzled me. The Economist is quite right to
insist that providing market incentives is a better way of controlling
carbon emissions than command-and-control style regulations. However,
I have yet to see you make the Posted on Monday, February 8, 2010 at 4:46 pm

Deven has already mentioned Amazonfail, in which Amazon temporarily
delisted all MacMillan books - one-sixth of its inventory - because of
a disagreement over Kindle pricing. (MacMillan was tired of Amazon
using its books as a loss leader to get folks to buy Kindles). It's
been interesting to read over folks' analyses. The best overview comes
from Scalzi, who lists seven ways that this was a complete fail on
Amazon's part. There's also very good analysis from Cory Doctorow;
another very good analysis from Posted on Monday, February 8, 2010 at 4:46 pm

It's early February, so now let's ask the regular questions: 1. Has
your board turned over? If not, when will it? 2. Details please. Do
you want new articles on the day the new board moves in, or would you
prefer to get used to the new digs first? Overall, is your journal
taking submissions yet; and if not, when will it start? 3. If you have
already turned over, are you planning any theme issues that folks
ought to consider submitting specialized pieces for? 4. What format do
you want pieces in (especially Posted on Monday, February 8, 2010 at 4:46 pm

Defense counsel was not ineffective for not moving to suppress the
search of the car defendant was riding in because there was probable
cause for the search. While drug dog was called in and did not alert,
this does not nullify PC that already exists. Holt v. United States,
2010 U.S. Dist. LEXIS 9300 (E.D. Tenn. February 3, 2010): Holt also
argues that Trooper Osborne had no right to walk his drug sniffing
canine around the Holt vehicle on March 29. Holt offers no legal
support for his contention and none Posted on Monday, February 8, 2010 at 9:36 am

Nighttime search warrant failed because of failure to show any
specifics of why there was exigency for the nighttime entry. The mere
chance of "degradation of evidence" is not enough. State v. White,
2010 Del. Super. LEXIS 27 (February 2, 2010): Here, the only facts
contained in the affidavit that suggest exigent circumstances are the
location to be searched, a motel room, and the affiant's cursory
statement that he is aware of the "possibility of degradation of
evidence, particularly blood and biological Posted on Monday, February 8, 2010 at 9:36 am

Defendant's car frisk was based on objective observations, and the
officer's supposed subjective belief did not matter. He had a knife,
overtinted windows, and a "thin blue line" sticker when he had nothing
to do with law enforcement. United States v. Vinton, 2010 U.S. App.
LEXIS 2450 (D.C. Cir. February 5, 2010)*: Finally, Vinton's argument
that Officer Alton did not subjectively believe Vinton was dangerous
may easily be rejected. Because "[t]he Fourth Amendment test is
objective," an officer's "actual Posted on Monday, February 8, 2010 at 9:36 am

In re McGuirk, 414 B.R. 878 (Bankr. N.D. Ga. August 31, 2009)
(Bihary). A creditor approached the Chapter 7 Trustee about purchasing
the assets of the Chapter 7 Estate, including the avoidance actions
(although the Trustee apparently believed there were no such actions
available in the case). A Motion to sell assets was filed, and an
objection was filed by the debtor, who alleged improper motive on the
part of the creditor. The Court denied the Motion. This Court made it
clear in a prior published decision Posted on Monday, February 8, 2010 at 5:57 pm

Chase Bank USA, N.A. v. Hampson (In re Hampson), 2009 Bankr. LEXIS
3412, Adv No. 09-4059 (Bankr. N.D. GA September 11, 2009) (Bonapfel).
Plaintiff Bank sought an order of nondischargeabilty for cash advances
taken by the Debtor within 174 days of the filing of her Chapter 7
case. Debtor did not answer, and Plaintiff moved for default. However,
the Plaintiff failed to file the affidavit required by the
Servicemembers Civil Relief Act. Additionally, the Complaint did not
allege that cash advances were taken Posted on Monday, February 8, 2010 at 5:57 pm

/* /*]]>*/ THIRTY-SIXTH ANNUAL SEMINAR March 18-20, 2010 Early
Registration Deadline: February 10, 2010 ONLY A FEW DAYS TO SAVE
$70!The InterContinental Buckhead HotelATLANTA, GEORGIA ATTENTION
GEORGIA LAWYERS! Are you short of hours in 2009? The SBLI this year is
prior to the March 31 deadline to complete your 2009 CLE without
penalty. Attend the SBLI and fulfill all 2009 CLE hours, including
trial, ethics and professionalism. 2010 Sponsors Algon Group The
Finley Group Alix Partners FTI Consulting, Inc. Posted on Wednesday, February 3, 2010 at 4:31 pm

A federal court policy-making body is belatedly entering the internet
age by proposing that judges clearly inform jurors they must not
electronically discuss cases they are hearing. It's standard procedure
to inform jurors to remain mum and not conduct any research about the
case until a verdict. But recent gadget use by jurors has forced the
hand of the Judicial Conference of the United States, the
policy-making body of the federal courts. The model jury instructions
(.pdf) the Judicial Conference released Posted on Tuesday, February 9, 2010 at 2:01 am

Swedish investigators are probing a hacker U.S. authorities accuse of
unlawfully intruding into Cisco Systems, NASA's Ames Research Center
and NASA's Advanced Supercomputing Division, the authorities said
Monday. Philip Gabriel Pettersson, known in the hacking world as
"Stakkato," allegedly seized computer code that controls internet
traffic. After the 2004 breach of Cisco, the proprietary source code
for Cisco's IOS operating system was discovered on a Russian website.
Pettersson was indicted in the United Posted on Tuesday, February 9, 2010 at 2:01 am

Google is teaming up with the National Security Agency to investigate
the recent hack attack against its network in a bid to prevent another
assault, according to The Washington Post. The internet search giant
is working on an agreement with the controversial agency to determine
the attacker's methods and what Google can do to shore up its network.
Sources assured the Post that the deal does not mean the NSA will have
access to users' searches or e-mail communications and accounts. Nor
will Google share Posted on Saturday, February 6, 2010 at 4:16 pm

The following is excerpted from a February 2, 2010 article by Susan J.
Campbell, TMCnet Contributing Editor: An intense look around any
industry is likely to turn up companies that seem to operate on a
different level. For the technology sector, that company is Acacia
Research. According to a recent Business Week report, this company has
filed at least 337 patent-related lawsuits in the 18 years since its
inception. Just what does the company make? Nothing. Acacia's business
plan consists of acquiring Posted on Friday, February 5, 2010 at 10:34 pm

The following is excerpted from an article by Steven Seidenberg in the
February 2010 issue of the ABA Journal: For the second time in three
years a case about "reverse payments" is before the 2nd U.S. Circuit
Court of Appeals. And this time the New York City-based court may
ignore its own binding precedent and do a sharp about-face on the
issue. The last time the 2nd Circuit considered the issue, in In re
Tamoxifen Citrate Antitrust Litigation, a three-judge panel allowed a
maker of a patented drug to Posted on Friday, February 5, 2010 at 10:34 pm

The ABA's Section of Litigation presents a live audio webcast and
teleconference on Tuesday, February 9, 2010: This session will discuss
how far is too far when it comes to coaching witnesses for deposition
or trial. Some have called coaching witnesses the law's "dirty little
secret" because everyone does it, but no one gets caught. The recent
case of Ibarra v. Baker, which upheld sanctions against attorneys for
their role in improperly coaching witnesses prior to depositions,
highlights the fact that Posted on Friday, February 5, 2010 at 10:34 pm

MARK STEYN: "As Jonah and I have written here previously, 'climate
change' is not only a scientific scandal but also a massive
journalistic failure. . . . Like all the poodles of the environmental
beat, Margot O'Neill repeats those magic words 'peer review' every
couple of paragraphs like a talisman to ward off evil deniers. But, in
the course of invoking the phrase 'peer review', she never bothers to
look at whether the IPCC actually does it. By contrast, without
benefit of the resources of a national TV Posted on Monday, February 8, 2010 at 11:40 am

IN THE MAIL: From Matthew Bishop and Michael Green, The Road from
Ruin: How to Revive Capitalism and Put America Back on Top. Posted on Monday, February 8, 2010 at 11:40 am

FRANK TIPLER: Obama vs. Einstein. I really think you've got to leave
this one with Larry Tribe. Obama was just the research assistant. Just
don't let Tipler see my piece on the Supreme Court and Chaos Theory. .
. . Posted on Monday, February 8, 2010 at 11:40 am

Continental Datalabel, Inc. v. Avery Dennison Corp., No. 09 C 5980,
Slip. Op. (N.D. Ill. Dec. 9, 2009 (Shadur, Sen. J.). Judge Shadur
ordered the parties to be prepared to discuss at a status conference
why defendants' respective noninfringement and invalidity declaratory
judgment counterclaims should not be stricken as duplicative of
plaintiff's patent infringement claims. * Click here for more on this
case in the Blog's archives. Posted on Monday, February 8, 2010 at 9:02 pm

The annual Chicago IP Colloquium continues this Tuesday, February 9,
2010. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent
College of Law and Loyola University Chicago School of Law to discuss
a range of issues in intellectual property and cyberspace law based
upon papers by six nationally renowned intellectual property scholars.
The sessions are uniformly excellent, and well worth your time. The
next session will be Tuesday, February 9 from 4:10 pm to 5:50 pm at
Loyola and will feature Posted on Saturday, February 6, 2010 at 11:24 am

World Wide Sales, Inc. v. Church & Dwight Co., Inc., No. 08 C
1198, Slip Op. (N.D. Ill. Nov. 9, 2009) (Kennelly, J.). Judge Kennelly
granted defendant Church & Dwight ("CD") summary judgment on each
of plaintiff World Wide Sales' ("WWS") claims for trademark
infringement, Lanham Act unfair competition and fraud on the Patent
and Trademark office. WWS claimed that CD infringed and unfairly
competed with WWS's Forever Fresh for the Fridge trademark, used with
a refrigerator odor elimination product, Posted on Wednesday, February 3, 2010 at 11:31 pm

Another misclassified independent contractor overtime case has settled
for millions. UPS Supply Chain Solutions has agreed to pay $12.8
million to settle an overtime class action. U.S. District Judge
Phyllis Hamilton has given preliminary approval to the deal, involving
approximately 660 workers in the two subclasses - one national, the
other limited to California workers only. The case was mediated by
retired Alameda County Superior Court judge Ronald Sabraw. The final
fairness hearing will take place on Posted on Wednesday, December 23, 2009 at 6:41 am

Though we haven't had time to keep up with them over the last few
months, wage and hour cases remain a hot topic of discussion. Check
out today's feature on Law.com: "Holidays Bring Out The Workers Suing
Over Unpaid Wages." Tis the season for overtime litigation, as new
lawsuits, settlements and pro-employee rulings pile up under the tree.
In back-to-back rulings last week, federal judges gave early holiday
gifts to class action plaintiffs who argue that getting ready for work
should be compensated for. In Posted on Wednesday, December 23, 2009 at 6:41 am

The federal minimum wage under the Fair Labor Standards Act, formerly
$6.55 per hour, increased to $7.25 on Friday, July 24, 2009. With this
change, employees who are covered by the federal Fair Labor Standards
Act will be entitled to be paid no less than $7.25 per hour. Tipped
employees and certain other workers are exempt or subject to different
standards. This increase is the last of three provided by the
enactment of the Fair Minimum Wage Act of 2007. In California, the
minimum wage under state law is Posted on Monday, August 17, 2009 at 2:21 pm

PUBLISHED OPINIONS Opinion Short Title/District 09a0026p.06 USA v.
Kenneth Johnson Western District of Michigan at Grand Rapids
09a0027p.06 Gary Winnett v. Caterpillar, Inc. Middle District of
Tennessee at Nashville 09a0028p.06 Carol Negron v. USA Northern
District of Ohio at Cleveland 09a0029p.06 USA v. Russell Wimbley
Eastern District of Tennessee at Knoxville 09a0030p.06 USA v.
Christian Gagnon Eastern District of Michigan at Detroit 09a0031p.06
Harris v. Lafler Eastern District of Michigan at Detroit Posted on Saturday, January 31, 2009 at 2:49 pm

Here is an update on Sixth Cir. Local Rules Amendments. Since I am
not a major Sixth Circuit practitioner, any help from the readers
regarding announcements and rule changes relative to the Sixth Circuit
would be very much appreciated! I go into their site weekly (or
thereabouts) and tabulate and post the week's decisions by name, lower
court, AND link to the decision. I only catch developments
serendipitously. NOTICE OF AMENDMENT Sixth Circuit Rules 10, 27, 28,
30, and 101 Sixth Circuit Internal Operating Posted on Saturday, January 31, 2009 at 2:41 pm

There is nothing like starting the new year with a mea culpa and an
apology. The links in the previous three posts (Jan 5 - 23, 2009) have
been repaired. Here are the posts: Jan. 19-23, 2009: US Sixth Circuit
Court of Appeals Decisions Jan. 12 - 16, 2009: US Sixth Circuit Court
of Appeals Decisions Jan. 5 - 9, 2009: US Sixth Circuit Court of
Appeals Decisions Posted on Saturday, January 31, 2009 at 2:31 pm

Volume3 Number 1 January 2010 From the Desk of David Badertscher As we
begin the new year, it's an opportune time to assess the cyber
security landscape and prepare for what new challenges may lie ahead,
as well as what current threats may continue. What Are the Cyber
Trends for 2010? · Malware, worms, and Trojan horses: These will
continue to spread by email, instant messaging, malicious websites,
and infected non-malicious websites. Some websites will automatically
download the malware without the user's Posted on Thursday, February 4, 2010 at 7:14 pm

SigInt Technologies, LLC seeks a Senior Level Digital Library
Programmer Analyst to support a US Government Agency. Salary range:
$125,000.00 - $135,000.00 We are growing our hardcopy-centric
collection to include a substantial amount of digital content. You
will have the opportunity to chart the course as we incorporate a
variety of electronic data sources into the collection and make them
available to our users. You will have the freedom to select the tools
you deem best and implement them as you see fit. Posted on Thursday, February 4, 2010 at 7:14 pm

As almost everyone knows, the 2011 U.S. Budget was submitted on
February 1. Since this is such a huge budget, in terms of both bulk
and scope, we have decided to limit this posting largely to links to
some " Budget Fact Sheets" prepared by the Office of Management and
Budget. Each separately linked fact sheet focuses on a particular
priority or group of priorities related to this budget request, thus
enabling you to quickly "pick and choose" those areas that interest
and concern you without devoting Posted on Thursday, February 4, 2010 at 7:14 pm

February 9, 2010 - Patent Prosecution: Best Practices for Reducing
Costs While Improving Patent Quality (Technology Transfer Tactics) -
1:00 - 2:30 PM (EST) February 17-18, 2010 - Biotech &
Pharmaceutical Patenting (IIR) - Munich, Germany February 24-25, 2010
- 2nd Expert Forum on ITC Litigation & Enforcement (American
Conference Institute) - New York, NY March 1-2, 2010 - 4th Annual
Patent Law Institute (Practising Law Institute) - New York, NY March
2-4, 2010 - 6th Annual Biosimilars Conference Posted on Tuesday, February 9, 2010 at 2:31 am

By Sarah Fendrick -- The U.S. Patent and Trademark Office has extended
the time for public comment for two recent Office initiatives and has
extended the period of effectiveness for a third Office initiative.
Extension of Period for Comments on Enhancement in the Quality of
Patents In December 2009, the USPTO published a notice in the Federal
Register seeking public comment on the enhancement in quality of
patents. Specifically, the Office solicited public comment with
respect to potential methods that may Posted on Tuesday, February 9, 2010 at 2:31 am

By Christopher P. Singer -- On February 1, 2010, the U.S. Patent and
Trademark Office issued a press release announcing President Obama's
$2.3 billion budget request for the USPTO for fiscal year 2011.
According to the statement, the amount of the budget request is
intended to support and achieve the strategic objectives of the
five-year plan for the USPTO as mapped out by Director Kappos and
Commerce Secretary Locke. Specific goals include reducing application
pendency and the existing application backlog, Posted on Tuesday, February 9, 2010 at 2:31 am

Fact to Face with Jon Ralston has posted videos of district court
judge candidate debates: Deborah Schumacher and Kris Pickering Linda
Bell v. Robert Spretnak Michael Villani v. Bruce Gale Doug Smith and
Josh Kunis Elissa Cadish and Ben Childs Posted on Wednesday, October 8, 2008 at 4:52 pm

The Nevada Supreme Court has made available oral argument recordings
for arguments heard on October 6: Sheriff v. Bucham Landreth v. Malik
In re: William M. and Marques B. Posted on Wednesday, October 8, 2008 at 4:43 pm

The Nevada Supreme Court has posted its oral argument calendar for
Wednesday October 15th, 2008: 10:00 AM -- D'NAL2 VS. HARBORS, LLC
(48519) 10:30 AM -- OUANBENGBOUNE (VANNASONE) VS. STATE (44763) The
defendant was convicted of first-degree murder and robbery in a trial
before Judge Glass. He was sentenced to life without the possibility
of parole. I do not know the issues presented. The Las Vegas Sun
provides this article about the verdict and this article about the
sentencing hearing. 11:30 AM -- BERRY Posted on Wednesday, October 8, 2008 at 4:26 pm

WIPO reported today that, despite the economic turmoil in 2009, PCT
applications experienced a mere 4.5% drop for the year - provisional
data indicates that 155,900 applications were filed in 2009 as
compared to the nearly 164,000 applications filed in 2008. The U.S.
continues to be a top user of PCT applications, filing just under a
third of all international applications in 2009. The top 10 filers
include: (1) United States -- 45,790 applications (2) Japan -- 29,827
applications (3) Germany -- 16,736 Posted on Monday, February 8, 2010 at 1:40 pm

From the Wall Street Jornal: Inventors and companies would face a new
15% surcharge on patent fees under the Obama administration's proposed
budget, with the funds going to help the U.S. Patent and Trademark
Office to "improve the speed and quality of patent examinations." The
head of the patent office floated the surcharge proposal late last
year. The proposal would require congressional approval. The funds
would allow the administration to hire more examiners and upgrade
technology under the Patent and Posted on Wednesday, February 3, 2010 at 10:37 am

Cordis Corporation v. Boston Scientific, et al., 1-03-cv-00027 (DED
January 28, 2010, Memorandum Order) In the litigation, the court made
a preliminary finding of infringement against defendants, which was
affirmed on appeal. The accused devices were not taken off the market,
however, and the case proceeded to trial based on the court's finding,
upon a more developed record, that genuine issues of material fact
precluded entry of a summary judgment as to infringement. A jury
ultimately determined that Posted on Wednesday, February 3, 2010 at 10:37 am

The Washington Post reported the other day on a flier that was
recently sent home with many high school students' report cards in
Montgomery County, Maryland: Some Montgomery County high schools
passed out fliers this week from an organization that contends gays
can become heterosexual through therapy, and the schools say they
cannot prevent the use of their distribution system by such groups.
The fliers, from the group Parents and Friends of Ex-Gays and Gays,
were distributed Thursday alongside report Posted on Tuesday, February 9, 2010 at 2:05 am

Feminist Law Prof Anita Bernstein (Brooklyn) has posted to SSRN her
article, "Pecuniary Reparations Following National Crisis: A
Convergence of Tort Theory, Microfinance, and Gender Equality," 31 U.
Pa. J. Int'l L. 1 (2009). Here is the abstract: Governments around the
world have undertaken reparations programs following historically
recent experiences of serious human rights violations. This article
uses tort theory to defend monetary payments as a constituent of
national repair. It argues that paying Posted on Tuesday, February 9, 2010 at 2:05 am

Welcome to the blogosphere, Voces Latinas (here)! Blog editors are
Ediberto Roman, Steven Bender, Sylvia Lazos, Lydie Nadia Cabrera
Pierce-Louis, Frank Valdes, Guadalupe Luna, Maria Lopez, Steve
Ramirez, George Martinez, Leticia Saucedo, and Larry Cata Backer. Here
is an excerpt from Ediberto Roman's inaugural post: Then this past
year at a conference of leading Latino and Latina legal scholars and
activists, a panel on Latin public intellectuals both challenged and
inspired me. The group addressed the Posted on Tuesday, February 9, 2010 at 2:05 am

This part of the semester is always tough for me, so I can't give you
a full-scale review of Roberta Kwall's new The Soul of Creativity
(Google books) (Amazon), though I hope to do so eventually. Kwall sets
out an account of creativity as spiritual and author's rights as
fundamentally moral, recognizing the intertwining of their
personalities with their works. It's a very well-done argument though
on a lot of issues we are in sharp disagreement. A policy-oriented
chapter on creating a moral rights law for Posted on Saturday, February 6, 2010 at 7:12 am

A First Look at the 2009 Decisions of the United States Court of
Appeals for the Federal Circuit Feb 4, 2010 6:30PM - 8:00PM ET
Washington College of Law, American University 4801 Massachusetts Ave,
NW - Room 603 To commemorate the 25th Anniversary of its Federal
Circuit issue, the American University Law Review will host a panel of
practitioners who will discuss their impressions of the Federal
Circuit's decisions in 2009. The panelists will offer their insights
on significant cases and jurisprudential Posted on Wednesday, February 3, 2010 at 7:05 pm

Summit Entertainment, LLC v. Beckett Media, LLC, 2010 WL 147958 (C.D.
Cal.) Summit owns copyrights and trademarks associated with Twilight
and New Moon, the movies. Beckett sold two "fanzines" (labeled
unofficial collectors' guides, and not corresponding to my idea of a
fanzine, but ok) reproducing numerous images from the films, along
with trademarks and promotional images related to the films. In
particular, Summit alleged that the fanzines used Summit's stylized
Twilight trademark on their covers; Posted on Wednesday, February 3, 2010 at 7:05 pm

So holds the Massachusetts Supreme Judicial Court in Commonwealth v.
Zubiel. The case involved a sting aimed at catching pedophiles. Zubiel
approached a supposed 13-year-old online (actually an adult deputy
sheriff), and engaged in sexually themed conversations with her. This
was apparently likely a prelude to his trying to have sex with her,
but he wasn't prosecuted for attempted sex with a minor (perhaps
because it wasn't clear that his actions had gotten close enough to
count as attempt). Instead, he was Posted on Monday, February 8, 2010 at 12:43 pm

Jim N., in the comments to my post below on snow removal - sometimes
it's good for us academics to hear from a real-world expert, so thanks
for commenting: As a non-lawyer, non-academic, snow removal company
owner I am relishing this opportunity to be the "expert" for the first
time ever on VC! Snow removal is NOT cheap, because the costs of
operation are equally high. For plowing and spreading salt my trucks
bill out on average $300 per hour. And I didn't have to go to school
for 7 years, have judges Posted on Monday, February 8, 2010 at 12:43 pm

In honor of the DC snowstorm - it is still coming down! - this passage
from On Love, Book 2, Chapter 50, Love in the United States: In the
Winter, which as in Russia is the festive season of the country, young
people of both sexes drive about night and day over the snow in
sleighs, gaily traveling distances of fifteen or twenty miles without
anyone to look after them; and nothing untoward ever occurs.
Unchaperoned and "nothing untoward" happens ... does Stendhal here
anticipate the courtship culture brought Posted on Monday, February 8, 2010 at 12:43 pm

The oral argument of all of the pending motions in SONY BMG Music
Entertainment v. Tenenbaum has been adjourned to February 23rd, at
3:15 PM: Judge Nancy Gertner: Electronic ORDER entered GRANTING [35]
JOINT Motion to Continue Mtn Hearing....motion hearing reset from
2/16/10 to 2/23/10 at 3:15pm in ctrm #2, 3rd floor. Hearing will be
held on MOTION for New Trial or Remittitur (Civ. Act. No. 07-cv-11446,
document #26), and all pending motions. (Molloy, Maryellen) Keywords:
lawyer digital copyright law online Posted on Tuesday, February 9, 2010 at 1:39 am

In SONY BMG Music Entertainment v. Tenenbaum, the RIAA has filed its
opposition papers. RIAA's memorandum in opposition [Ed. note. As is
their habit, and as their friends at the Department of Justice did as
well, the RIAA's lawyers have ignored (a) all but one of the leading
cases, (b) all of the leading law review articles and other
scholarship, and (c) the actual contents of the Supreme Court's
decisions. Fortunately these are contained in the amicus curiae brief
we filed last year on behalf of the Free Posted on Tuesday, February 9, 2010 at 1:39 am

In SONY BMG Music Entertainment v. Tenenbaum, the Judge has scheduled
oral argument of all of the outstanding motions for February 16th, at
9:30 AM. ELECTRONIC NOTICE of Hearing on [26] MOTION for New Trial or
Remittitur (Civ. Act. No. 07-cv-11446, document #26), and all pending
motions, including, Plaintiffs' Motion for Costs and Fees Under Rule
37(a)(5) (Civ. Act. No. 03-cv-11661, document #851); Plaintiffs'
Motion to Compel Defense Counsel to Cease Unauthorized Recording
Activities, to Cease Publication Posted on Thursday, February 4, 2010 at 4:17 am

Ninth Circuit affirms injunction against Kira Plastinina in light of
plaintiff's KIRRA registered trademarks Clothier Pacific Sunwear of
California, Inc., owns the registered KIRRA family of trademarks.
Competing clothier Kira Plastinina Style, Ltd., owns the KIRA
PLASTININA trademark. In 2008, Pacific Sunwear sued Kira Plastinina
for trademark infringement. Last year, the Central District of
California found that Pacific Sunwear was likely to succeed on the
merits of its claim and granted a preliminary Posted on Monday, February 8, 2010 at 6:53 pm

The Experience Hendrix, LLC v. Electric Hendrix, LLC "Hendrix
Electric" vodka case is over. Mostly. Plaintiffs now seek to collect
their judgment against defendants, including Craig Dieffenbach.
Plaintiffs recently complained that Mr. Dieffenbach was not
forthcoming during supplemental proceedings. Indeed, they moved for an
order of contempt, arguing that defendants' "evasive and incomplete
responses" to plaintiffs' discovery efforts have "frustrated" their
ability to determine if defendants have concealed Posted on Saturday, February 6, 2010 at 9:11 am

Not "identical, or nearly identical": Plaintiff's logo (left) and
defendants' logo Last year, E! Entertainment Television, Inc., sued
Entertainment One GP Limited, d/b/a E1 Entertainment, and four related
entities in the Central District of California for trademark
infringement. E! Entertainment operates television networks and owns a
number of "E!" design marks. The Entertainment One defendants
distribute third-party CDs and DVDs; operate a record label; and own
and distribute niche and direct-to-video Posted on Wednesday, February 3, 2010 at 9:21 pm

As many of you know, I transferred law schools after my 1L year. Many
law students consider transferring after their 1L year, generally to
move to a higher ranked school. I transferred because I was marrying
someone out of state (and dropping a little in the law school
rankings), so I didn't have the same academic pressure. Unfortunately,
that transfer process did not go smoothly for me. Thankfully, a LoaLS
listener has written a comprehensive guide on transferring,
appropriately entitled The Art of the Law Posted on Saturday, September 19, 2009 at 3:05 pm

Among other things, I am Firearms Instructor. When I tell people this,
it's usually a 50/50 split as to whether their eyes are filled with
fear or interest. Minds have been conditioned by the media and social
biases that "Guns are bad." When I counsel students at the college
where I work who are starting their education in legal studies, I ask
them a few questions (this works a bit better during an election
year): 1) Do you think guns should be banned? 2) The guy who held the
sign "You're a Liar" in the Posted on Wednesday, September 16, 2009 at 7:32 am

I found out this morning that Life of a Law Student is the top choice
over at OnlineSchools.Org on their list of 100 Best Blogs for Law
School Students. "Law school is an arduous ordeal few are prepared to
undertake. In recent years, the proliferation of technology has made
it easier for students to get study tips, career advice or anything
else they may need. Blogs have been especially useful for sharing
information between people. Whether you're already in law school or
are thinking about applying check Posted on Monday, August 3, 2009 at 4:41 am

Shoulder Dystocia is a dangerous situation for the child during birth.
Shoulder dystocia can lead to cerebral palsy and Erb's Palsy. Shoulder
dystocia occurs when the child's shoulder gets such on the mother's
pubic bone. In most instances the child cannot be delivered without
first dislodging the shoulder. If this is not done properly the child
may sustain an injury to a set of nerves called the brachial plexus.
Injuries to the brachial plexus are often referred to as Erb's Palsy.
Children with Erb's Palsy Posted on Tuesday, February 9, 2010 at 6:08 am

This morning the Supreme Court of Illinois ruled that limits on
damages to victims of medical malpractice are unconstitutional.
Today's ruling has special importance to our firm because the case,
Lebron v. Gottlieb Memorial Hospital, 105741 and 105745, Supreme Court
of the State of Illinois involved a child that sustained a brain
injury at birth. Posted on Saturday, February 6, 2010 at 8:21 pm

The video below give an inside look at UCP of Greater Birmingham's
Life Without Limits program for individuals with cerebral palsy. To
learn more about UCP of Greater Birmingham please visit their website
at www.ucpbham.com To find a local chapter of the UCP please visit
their website at www.ucp.org Posted on Thursday, February 4, 2010 at 9:06 am

I am combining all of my blogs-about Kansas, South Dakota, Buddhism,
and the law-into one blog-the Middle Border Sun, formerly South Dakota
Watch. I am tagging the headlines so you can quickly scan if you are
interested in the topic. The MBS also utilizes a unique, "boxy" look
that aggregates many postings on diverse topics in a small amount of
space. Please change your bookmarks to http://www.middlebordersun.com
and your RSS feed to
http://southdakotawatch.blogspot.com/feeds/posts/default Posted on Monday, June 1, 2009 at 8:52 pm

If you have not done so already, change your bookmark for South Dakota
to http://www.southdakotawatch.net and your feed to
[southdakotawatch.blogspot.com] Posted on Monday, May 25, 2009 at 2:01 pm

If you have not done so already, change your bookmark for South Dakota
to [www.southdakotawatch.net] and your feed to
[southdakotawatch.blogspot.com] Thanks. Posted on Thursday, April 30, 2009 at 6:17 pm

Email is social networking glue. It is difficult to sync your
contacts. Email, social networking, mobile devices. Each has its own
set of contacts. One may or may not be able to sync with the other. I
drew this drawing to keep track of where my data is, where I want it
to be, and how to connect it all together. Every month, I perform the
following 14 tasks to sync my contacts. Export a CSV file of new
contacts from my Email Service Provider (ESP) to my contacts database.
I used to use Constant Contact for Posted on Saturday, February 6, 2010 at 7:24 am

Apple vs. Google, Bilski, Recession Ending? Greetings, Welcome to the
latest installment of my LawLawLaw newsletter. 2010 is the 10th year
of the newsletter, and for this issue, I'm going retro: plain text, no
graphics. I'm also using MailChimp for delivery. Why the name
LawLawLaw? Originally, LawLawLaw mapped nicely onto intellectual
property law's three areas: patent law, trademark law, and copyright
law. Plus I owned the lawlawlaw.com domain name, so it was an easy
choice! Over the years, LawLawLaw has Posted on Sunday, January 31, 2010 at 4:43 pm

Don't sweat the small stuff. In 2009, my social networking fun was
interrupted by Big Stuff: my wife and I decided to amicably divorce.
We sold our big house in Acton, moved into two separate places, and
are spending 2010 starting over. Why do I blog about this? Three
reasons. First, to remind my readers (and myself) how precious life,
friends, and family are. Life is a house of cards. It takes very
little to disrupt what we consider to be normal. Death, disease,
injury, unemployment, recession, war, or Posted on Thursday, January 28, 2010 at 1:39 pm

The government of South Australia has recently adopted a law that
requires people commenting on the forthcoming state election to use
their real names, and media will have to retain the names and
addresses for six months. The requirement appears to apply to bloggers
and comments on blogs etc. Unsurprisingly, not everyone likes this. Is
it fair to say that requiring people to give their real names is a
"gag" on debate? Would the Canadian Charter of Rights and Freedoms
prevent such a law in this country? In Posted on Sunday, February 7, 2010 at 5:47 pm

A 5-member panel of the Ontario Court of Appeal released a
significant, 150-paragraph reasoned decision this morning involving
conflicts of laws and when Ontario should take jurisdiction over
out-of-province defendants - see: Van Breda v. Village Resorts
Limited, 2010 ONCA 84
http://www.ontariocourts.on.ca/decisions/2010/february/2010ONCA0084.htm
At issue were claims for personal injury damages occasioned as a
result of accidents suffered by Canadian tourists at resorts in Cuba
and whether the plaintiffs Posted on Sunday, February 7, 2010 at 5:47 pm

Back in November John Gregory wrote about Dealing with Digital Assets
After Death and a New York Times article quoting Montreal marketing
consultant Adele McAlear. Adele happens to be a friend, so I took the
opportunity to speak with her in detail about the topic on behalf of
Slaw readers. Our full interview (held in December) is below. Since
that time, she has launched her new website DeathandDigitalLegacy.com
to better track this wide-ranging subject. Adele will also be speaking
on "Death and Digital Posted on Sunday, February 7, 2010 at 5:47 pm

You may have noticed that posting has been very slow as of late. After
seeing that Prof. Paltry is closing down his blog, I am following
suit. The reasons for ending the blog are the same as why I have not
been blogging much and why Paltry is quiting. 1. There are some
strange people out there. You would not imagine the strange and
abusive emails I recieve because of a stance I take on something as
benign as balance in copyright law. 2. Time. I only have a limited
amount of time, and I would rather spend my Posted on Wednesday, October 15, 2008 at 12:54 am

Bar exam results are out for July 2008. Congrats to all of my
classmates and students. The full list, also available on the Ark.
Supreme Court (pdf) web site, follows: Ables, Jason Keith 68 Kings
River Rd. N. Little Rock, AR 72116 Albritton, Allison Curran 2325
Apple Blossom Lane Conway, AR 72034 Allen, Katie Summer 11901 Pleasant
Ridge Rd, #127 Little Rock, AR 72223 Ament, Jeremy Scott 645 N. Walnut
Ave. Fayetteville, AR 72701 Backstrom, Eric Joseph 9616 Relda Dr.
Little Rock, AR 72205 Baker, Andrew Posted on Thursday, September 11, 2008 at 1:52 pm

I will be posting very sporadically for the next few months. I am not
teaching this semester and am working on a business plan in order to
begin raising money in the spring. Posted on Tuesday, September 9, 2008 at 1:57 am